BILL NUMBER: AB 2317	CHAPTERED  09/27/00

	CHAPTER   742
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000

INTRODUCED BY   Assembly Member Ducheny
   (Coauthor:  Assembly Member Firebaugh)
   (Coauthor:  Senator Kelley)

                        FEBRUARY 24, 2000

   An act to add Part 2.5 (commencing with Section 71100) to Division
34 of the Public Resources Code, relating to environmental
protection.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2317, Ducheny.  Environmental protection:  California-Mexico
border.
   Existing law contains various provisions to protect the
environment and makes moneys available for that purpose.
   This bill would create the California Border Environmental and
Public Health Protection Fund.  The money in that fund would be
available, upon appropriation, to the Secretary for Environmental
Protection to assist local governments in implementation of projects
to identify and resolve environmental and public health problems that
directly threaten the health or environmental quality of California
residents or sensitive natural resources of the California border
region, to provide technical assistance, to provide funds for
equipment and labor costs associated with emergency abatement of
environmental and public health problems imposed on residents of
California due to cross-border impacts of pollutants originating from
Baja California, and to provide analytical and scientific equipment
and services needed by border area public agencies to identify and
monitor the sources of environmental and public health threats posed
by the cross-border transmission of environmental pollutants and
toxics.  The bill would require the secretary, upon request, to make
information available concerning the fund.  These provisions would
only be operative during those fiscal years for which funds are
appropriated in the annual Budget Act to implement the bill or are
otherwise made available, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Part 2.5 (commencing with Section 71100) is added to
Division 34 of the Public Resources Code, to read:

      PART 2.5.  ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE
CALIFORNIA-MEXICO BORDER

   71100.  The following definitions govern the construction of this
part:
   (a) "Cal BECC" means the California Border Environmental
Cooperation Committee established on July 22, 1994, by the Governors
of California, Baja California, and Baja California Sur.
   (b) "California-Baja California border region" means the region
described in Chapter IV of the US-Mexico Border XXI Program,
Framework Document, published October 1996.
   (c) "Fund" means the California Border Environmental Education
Fund established pursuant to Section 71101.
   71101.  (a) The California Border Environmental and Public Health
Protection Fund is hereby established in the State Treasury to
receive funds appropriated in the annual Budget Act, and other
sources, such as from North American Development Bank, Border
Environment Cooperation Committee, United States Environmental
Protection Agency, and private businesses or foundations, and any
interest accrued on those funds.
   (b) The money in the fund shall be available, upon appropriation,
to the Secretary of Environmental Protection, for allocation for
expenditure for the purposes of this part.
   (c) The money in the fund shall not be made available for the
purpose of bringing a person or a facility into compliance with
environmental laws, or to provide funds to remediate environmental
damage.  The fund, instead, shall assist appropriate responsible
agencies in California and Baja California in the implementation of
projects to identify and resolve environmental and public health
problems that directly threaten the health or environmental quality
of California residents or sensitive natural resources of the
California border region, including projects related to domestic and
industrial wastewater, vehicle and industrial air emissions,
hazardous waste transport and disposal, human and ecological risk,
and disposal of municipal solid waste.
   71102.  The money in the fund shall be used for the following
purposes:  (a) To assist local governments in implementation of
projects to identify and resolve environmental and public health
problems that directly threaten the health or environmental quality
of California residents or sensitive natural resources of the
California border region, including projects related to domestic and
industrial wastewater, vehicle and industrial air emissions,
hazardous waste transport and disposal, human and ecological risks,
and disposal of municipal solid waste.
   (b) To provide technical assistance to those persons and entities
described in subdivision (a) with regard to environmental protection,
public health protection, or natural resource protection.
   (c) To provide limited funds for equipment and labor costs
associated with emergency abatement of environmental and public
health problems imposed on residents of California due to
cross-border impacts of pollutants originating from Baja California.

   (d) To provide analytical and scientific equipment and services
needed by border area public agencies to identify and monitor the
sources of environmental and public health threats posed by
cross-border transmission of environmental pollutants and toxics.
   71103.   (a) The Secretary for Environmental Protection, upon
request, shall inform any community-based nonprofit environmental
organization, responsible local government, and special district
located within the California-Baja California border region that it
may request funding pursuant to Section 71102.
   (b) The Secretary for Environmental Protection, in consultation
with Cal BECC, shall award grants to a local governmental entity or
special district, community-based nonprofit environmental
organization, or postsecondary educational institution based on the
severity of the environmental, public health, or natural resource
concerns due to cross-border transmission of environmental pollutants
or toxics to the city or county in which the entity, organization,
or institution is located.  First priority for funding shall be given
to an entity, organization, or institution located in a city or
county in  which an environmental, public health, or natural resource
threat exists and that has existing capability to respond to,
implement, and abate the threat to California from cross-border
sources.
   (c) The Secretary for Environmental Protection, on behalf of Cal
BECC, shall accept donations of used equipment, including computers,
printers, and lab equipment, for distribution to governmental
entities and community-based nonprofit environmental organizations
located within the California-Baja California border region and
postsecondary educational institutions located within Baja California
and within the California-Baja California border region, if the
donations can be shown to contribute to the protection of the
environment, public health, or natural resources of the California
border region.
   71104.  This part shall only be operative during those fiscal
years for which funds are appropriated in the annual Budget Act to
implement this part, or are made available from contributions or
donations from the sources identified in Section 71101.  The
Secretary for Environmental Protection shall inform the Secretary of
State when funds are made available from contributions or donations
from the sources identified in Section 71101.
